Item C23
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE:
December 19,2001
DMSION:
Public Works
BULK ITEM: Yes x No
DEPARTMENT:
Fleet Management
AGENDA ITEM WORDING: Approval to rescind Agreement with DMG-MAXIMUS, INC., and
enter into a Professional Consulting Services Agreement with MAXIMUS, INe., to conduct a
comprehensive review of and provide a report on Fleet Management's operation and practices.
ITEM BACKGROUND: On September 19, 2001, the BOCC approved an agreement with DMG-
MAXIMUS, INC. to review Fleet Management. On October 1, 2001, DMG-MAXIMUS, INC. was
officially folded into MAXIMUS, INe. and DMG-MAXIMUS, INC. ceased to exist as a corporate
entity .
PREVIOUS RELEVANT BOCC ACTION:
September 19, 2001.
Approval of agreement with DMG-MAXIMUS, INC. on
CONTRACT/AGREEMENT CHANGES: Change name of consultant from DMG-MAXIMUS, INC., an
Illinois corporation, to MAXIMUS, INe., a Virginia corporation.
STAFF RECOMMENDATION:
Approval as stated above.
TOTAL COST: $39,601
BUDGETED: Yes: x
-
No:
COST TO COUNTY: same
REVENUE GENERATED: Yes
No x
APPROVED BY: County Atty.: x
OMB/Purchasing: x
Risk Management: ~
DIVISION DIRECTOR APPROVAL:
~~.
Dent Pierce
'\
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DOCUMENTATION: INCLUDED: L TO FOLLOW:
NOT REQUIRED:
DISPOSITION:
AGENDA ITEM #:
/ -~ ~;'
-
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: MAXIMUS. INC.
Contract #
Effective Date:
Expiration Date:
rehensive review of and
Contract Manager:
Beth Leto
(Name)
4560
(Ext. )
Public Works - #1
(Department/Stop #)
for BOCC meeting on December 19,2001
Agenda Deadline: December 5, 2001
CONTRACT COSTS
Total Dollar Value of Contract: $39,601
Budgeted? Yes[8J No 0
Grant: $
County Match: $
Current Year Portion: $39,601
Account Codes: 504-23501-530340
ADDITIONAL COSTS
Estimated Ongoing Costs: $ n/a /yr. For:
(Not included in dollar value above) (e.a., maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes /
Datejn Neede~. I
Division Director I t-1',_O J YesD NolYl /
RiskManagement ~ YesDN00 ,[l, t,J~ ~
O.M.B.lPurchasing 11..lili- YesD NO~ ~
County Attorney 11/26/01 YesD No[8J Suzanne A. Hutton 11/26/01
Comments:
OMS Form Revised 2/27/01 MCP #2
PROFESSIONAL CONSULTING SERVICES AGREEMENT
This Agreement made this 19th day of December, 2001, by and between
MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as
Client, and MAXIMUS, INC., a Virginia corporation authorized to do business in the State of
Florida, hereinafter referred to as Consultant.
In consideration of the mutual promises contained herein, the parties agree as follows.
1. SCOPE OF SERVICES: Consultant shall be responsible to perform the services set
forth in its proposal dated July 30, 2001, which is attached hereto as Exhibit A and incorporated
herein by reference.
2. TERM: Consultant shall commence services on December 19 , 2001 and complete
services by June 30. 2002 unless conditions arise outside of Consultant's control which impede
completion by that date. Consultant agrees to perform its services in a professional, expeditious
manner.
3. COMPENSATION:
Client agrees to pay Consultant a fee not to exceed $39,601. This amount includes $33,560 for
professional services, and $6,041 for out-of-pockets expenses for travel, per diem, printing and
postage; travel expenses are only reimbursable as provided in Sec. 112.061, Florida Statutes.
Upon request, Consultant shall provide documentation of its expenses. Consultant shall invoice
the Client as follows:
. 70% of professional services, plus any out-of-pockets expenses, upon satisfactory
presentation of draft report to Client;
. 30% of professional services, plus any out-of-pockets expenses, upon satisfactory
presentation of final report to Client:
Consultant's invoice shall provide detail sufficient to the Client's requirements. The Client shall
pay the invoice within thirty (30) days of Client's receipt of the invoice.
4. TERMINA TION: The Client may terminate this Agreement with or without cause upon
giving thirty (30) days written notice to Consultant. In the event the Client terminates this
Agreement, Consultant shall be entitled to be paid for professional services and expenses
incurred through the date of receipt of notice of termination. Consultant may terminate this
Agreement with or without cause upon giving thirty (30) days written notice to the Client. In the
event Consultant terminates this Agreement, Consultant shall be entitled to receive compensation
and expenses accrued to the date of receipt of notice of termination.
5. PERSONNEL: Consultant represents that it has, or will secure at its own expense, all
personnel necessary to perform the services required under this Agreement. All of the services
required hereunder shall be performed by Consultant or under its supervision, and all personnel
engaged in performing the services shall be qualified to do so. All services to be performed
hereunder shall be in accordance with professional standards in the field.
6. SUBCONTRACTING: Consultant may subcontract for services hereunder upon
receiving the consent, in writing, of the Client. Consultant agrees to notify the Client in writing
of any such subcontracts and the services to be performed in accordance with the subcontracting
arrangement.
7. INSURANCE: Consultant shall provide certificates of insurance, as identified in the
attached insurance schedules marked GL1, PRO!, VL1 and WCl, prior to commencement of the
engagement. The certificates shall clearly indicate that the Consultant has obtained the required
insurance coverage including identification of the type and amount of coverage. In the absence
of written notification to Consultant, the certificate of insurance as presented shall constitute
compliance with any and all insurance requirements.
8. INDEMNIFICATION: Each party shall be responsible for its own acts and will be
responsible for all damages, costs, fees and expenses which arise out of the performance of this
Agreement and which are due to that party's own negligence, tortious acts and other unlawful
conduct and other unlawful conduct and the negligence, tOliious acts and other unlawful conduct
of its respective agents, officers and employees. Client will indemnify Consultant for negligent
acts of Monroe County employees to the extent allowed by Sec. 768.28, Florida Statutes.
9. ASSIGNMENT: The parties hereby agree that Consultant may assign, conveyor
transfer its interest, rights and duties in this Agreement to an affiliated company or its parent
company which succeeds to substantially all of the business ofthe Consultant.
10. TIME OF PERFORMANCE: Consultant shall perform the services required hereunder
in a timely, professional manner. The Consultant shall not be considered in default by reason of
any failure in performance which arises from causes outside the control of Consultant or its
subcontractors.
11. OWNERSHIP OF DOCUMENTS: Consultant shall deliver to the Client all
deliverables required to be submitted consistent with the Scope of Services hereunder. All
working papers shall remain the property of Consultant. Consultant shall maintain its working
papers for a period of 3 years from the date of execution of this Agreement.
12. INFORMATION. Consultant shall assume without incuning any liability therefore that
all information and data provided by the Client is accurate, timely, and complete.
13. SEVERABILITY: If any term or provision of this Agreement shall be held invalid or
unenforceable, they are, to that extent deemed omitted. The rest of this Agreement shall remain
in full force and effect.
14. WAIVER OF BREACH: The waiver of either Consultant or Client of a breach of any
provision of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by either Consultant or Client.
15. AMENDMENTS: No amendment or vanatlOn of the terms and conditions of this
Agreement shall be valid unless the same is in writing and signed by all of the parties hereto.
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16. THIRD PARTIES: The Client and the Consultant are the only parties to this
Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement
gives, is intended to give, or shall be construed to give or provide, any right or benefit, whether
directly or indirectly or otherwise, to third persons.
17. INTERPRETATION: The validity, interpretation and effect of this Agreement shall be
determined under Florida law. All actions arising directly or indirectly as a result or in
consequence of this Agreement shall be instituted and litigated only in courts having situs in the
State of Florida. If other agreements, the terms of which are the same or substantially the same
as this Agreement, have been executed by Consultant, interpretation of this and such other, same
or similar agreements shall be applied uniformly. Any provision found to be invalid or
unenforceable shall have no effect upon the validity of any other section of this contract.
18. ENTIRE AGREEMENT: This is the entire agreement of the parties and supercedes all
prior written and oral communications between them with respect to the subject matter hereof.
Any change, alteration or modification of this agreement must be in writing and signed by the
parties and cannot be changed or modified orally.
19. NOTICES: All written notices, demands or requests of any kind which either party
may be required or may desire to serve on the other in connection with this Agreement may be
served (as an alternative to personal service) by registered or certified mail or air freight services
that provide proof of delivery. Any such notice or demand so served by registered or certified
mail shall be deposited in the United States mail with postage and fees thereon fully prepaid, and
addressed to the parties so to be served as follows:
If to Consultant:
DMG-MAXIMUS, INC., Ltd.
630 Dundee Road, Suite 200
Northbro~k, Illinois 60062
If to Client:
MONROE COUNTY
Director of Public Works
5100 College Road
Key West, FL 33040
Service of any such notice or demand so made by mail shall be deemed complete on the day of
actual delivery as shown by the addressee's registry or certification receipt. Either party hereto
may from time to time, by notice in writing served upon the other as aforesaid, designate a
different mailing address, or (a) different or additional person(s) to which or to whom all such
notices or demands are thereafter to be addressed. Persons named to receive copies of notices
are listed for accommodation only and are not required to be served to comply with service of
notice on a party (are required to be served to comply with service of notice).
20. VENUE. Venue for any litigation arising under this agreement must be in a court of
competent jurisdiction in Monroe County, Florida. This agreement is governed by the laws of
the State of Florida.
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21. ETHICS CLAUSE. Consultant warrants that it has not employed, retained or otherwise
had act on its behalf any fonner County officer or employee subject to the prohibition of Section
2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision, the County may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct from
the contract or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
22. PUBLIC ENTITIES CRIME STATEMENT. A person or affiliate who has been placed
on the convicted vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for Category Two, for a period ofthi11y-six (36)
months from the date of being placed on the convicted vendor list.
23. FUNDING AVAILABILITY. Monroe County's performance and obligation to pay under
this contract, is contingent upon an annual appropriation by the Board of County Commissioners.
IN WITNESS WHEREOF, the pa~ies hereto have executed this AGREEMENT all as of the day
and year first above written. .
MAXIMT)S, INC.
By:
PWl~1A..
VIc,G PeBS(D';1JT
\(;/~/()1
Title:
Date:
(SEAL)
Attest: Dmmy L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Mayor/Chairman
Deputy Clerk
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